‘Boisterous’ lawyer feels the brunt of P&H High Court judge’s ire

New Delhi (ILNS): A somewhat “boisterous” lawyer of the Punjab and Haryana High Court has received a reprimand. It has been alleged that this lawyer, Sushil Gautam, has been claiming that he had “made” many judges.

The change in his behavior has been attributed to his losing a case and turning

“rowdy”. The court found that the lawyer has been bragging that he had been “instrumental in making many a judge.” He threw a challenge to the court to try and reject his arguments.

Justice Arun Monga has been cut up about this lawyer’s attitude problem. Said the judge:

“To say the least, the tone, tenor, manner, and conduct of the learned counsel for petitioner leaves a lot to desire. Yet, taking a lenient view thereof, this court rather prefers a self-restraint from taking any further action. However, on the invitation of the learned counsel for the petitioner, the cost imposed is enhanced to Rs1 lakh.”

The fine imposed apart, the immediate instigation of the lawyer’s behavior seemed to be a case dealing with an educational trust in Haryana. The lawyer argued (for petitioner Shiv Kumar Chauhan) that the Swami Vivekananda Educational and Charitable Trust should be dissolved.

The court observed:

“The Petitioner ought to have first approached the trial Court under Section 156 (3) Cr.P.C for redressal of his grievance, if any, before directly approaching this Court. Section 156 (3) empowers a Magistrate to ensure proper investigation. Ordinarily, in case of a grievance arising out of non registration of an FIR, first remedy is to approach the Superintendent of Police under Section 154(3) Cr.P.C.”

That was what created the problem. The court further observed in its order:

“At this stage, the learnt counsel for the petitioner very rowdy exuberates that paying costs is not an issue and he is even ready to pay Rs 1.00 lac (sic) towards the same. He also boisterously claims that he has been instrumental in making many judges and how can his arguments/contentions, therefore, be rejected by this court to dismiss the instant petition.”

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The petition was dismissed with a cost of Rs 50,000 to be deposited in the Covid-19 fund created by U.T. Administration, Chandigarh. But the attitude of the lawyer was not to the judge’s liking. He doubled the cost.

-India Legal Bureau